Judiciary’s political record in the spotlight as Pakistan heads down rocky road to elections

Lawyers, some of them look on television screen, displaying the live broadcast of the proceeding from the Supreme Court of Pakistan, at the Sindh High Court Bar Association in Karachi, Pakistan September 18, 2023. (REUTERS/File)
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Updated 16 January 2024
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Judiciary’s political record in the spotlight as Pakistan heads down rocky road to elections

  • Supreme Court has history of adjudicating election disputes, interpreting election laws, disqualifying politicians from office
  • Top court famously created “the doctrine of necessity” in 1954 to justify Pakistan’s first application of martial law

ISLAMABAD: As Pakistan gears up for general elections next month, the superior judiciary’s role in political affairs has come under the spotlight, with both political leaders and legal experts criticizing top judges for taking a “partisan” approach in arbitrating political disputes both in the past and the present.

The Supreme Court is a key power holder in Pakistan, with a history of adjudicating election disputes, interpreting constitutional provisions related to elections, and disqualifying politicians, including prime ministers, from holding public office.

The judiciary’s imprints on politics and policymaking are wide, with top judges known to challenge, limit and collaborate with both elected and unelected centers of power and political and military leaders widely seen as co-opting and even controlling judges to align the judiciary’s interests with their own. In Pakistani politics, there is a “troika” of power between the prime minister, the army chief and the chief justice, with shifting alignments and conflicts between the three officeholders often determining the very contours of national politics.

“The worldwide phenomenon known as the judicialization of politics extends beyond political realms and notably, in Pakistan, this trend gained prominence, particularly since 2009,” legal expert Usama Khawar told Arab News.

“The judiciary’s role in pivotal decisions, such as determining eligibility for elections, has significantly increased. Many issues that would traditionally be political disputes resolved in the political arena, streets, or at the ballot box are now being adjudicated in courts.”




A man walks past the Pakistan's Supreme Court building in Islamabad, Pakistan, on January 12, 2024. (AFP)

Indeed, the Supreme Court’s political record is almost as old as Pakistan itself, born in 1947 after the end of British rule over united India.

The court famously created “the doctrine of necessity” in 1954 to justify Pakistan’s first application of martial law, after which it used the principle to legalize each one of the country’s three military coups in 1958, 1977 and 1999. The judiciary has also been seen as playing handmaiden to military rulers in other ways, most famously by hanging Zulfikar Ali Bhutto, a former prime minister, in 1979 in what is still considered one of the most controversial legal judgments in Pakistani history.

In June 2012, the Supreme Court convicted and disqualified Prime Minister Yousaf Raza Gilani of the Pakistan People’s Party for contempt. In July 2017 the top court invoked corruption charges to remove three-time Prime Minister Nawaz Sharif from office, and later also disqualified him from heading his Pakistan Muslim League-Nawaz (PML-N) party ahead of July 2018 elections.

As Pakistan approaches polls on Feb. 8, the judiciary is once again in the eye of the political storm.

Last week, the Supreme Court ruled in favor of the Election Commission’s (ECP) decision to strip the country’s most popular political party, the Pakistan Tehreek-e-Insaf (PTI), of its election symbol, the cricket bat. The verdict has been widely criticized by supporters of jailed PTI founder and ex-PM Imran Khan as well as independent analysts, who say the top court is toeing the line of the powerful military establishment which is accused of trying to sideline Khan and his party from the polls. The army says it does not interfere in political affairs.

In the same breath, the Supreme Court recently also overturned a law that barred politicians with past convictions from seeking political office, a move that has paved the way for Sharif to run in the upcoming parliamentary elections. Khan’s main rival, Sharif has been cleared of most court cases as well as a lifetime ban to contest polls, and analysts say he appears to be the front runner for the February polls and has the military’s support — an advantage in a country where army generals have had an outsized role in the making and breaking of governments. The army says it is apolitical.

“The judiciary’s recent role is not fair,” PTI spokesperson Shoaib Shaheen told Arab News, commenting on the SC verdict on the party symbol as well as legal cases against Khan. “When the judiciary fails to meet expectations and remains partisan, anger arises, undermining the rule of law.”

A party’s electoral symbol on ballot papers is significant for voters to be able to identify its candidates in the South Asian nation of 241 million people, where a large number of constituencies are in rural areas with low literacy. Stripped of the bat, PTI candidates will need to contest on individual symbols, which could confuse its voters, the party fears, as it already faces an unprecedented crackdown on political activities.

“POLITICALLY MOTIVATED”

The PTI’s issues with the judiciary stem from dozens of cases filed against Khan since he was ousted from office in a parliamentary no-trust vote in April 2022 that he says was orchestrated by the military and his political rivals at the behest of the United States. All three deny the charge. Khan was convicted last August in one case involving the sale of state gifts while he was PM, for which he is serving a three-year sentence. He also faces a slew of other charges ranging from attempted murder to treason and corruption and terrorism.

The party has faced a widening crackdown since May 9 last year, when Khan’s supporters damaged government and military properties in nationwide street protests that the former PM and top leaders of his party are accused of masterminding. Thousands of Khan’s followers were arrested after the protests and dozens of members of his party, including some of his closest and oldest aides, deserted him. Khan’s party, already at odds with powerful army generals by the end of his tenure as PM, has since May been grappling with what independent analysts have called a military-backed crackdown that has gathered pace ahead of the Feb. 8 vote. The army and the government say they are only prosecuting PTI leaders and supporters who were involved in the May 9 violence, particularly the destruction of army properties. 

The PTI alleges the military is attempting to keep it out of the election race, a charge the army denies, and candidates from his party complain of being denied a level playing field and the right to freely campaign. His party members have accused state authorities of intimidation, harassment and unwarranted arrests and said the judiciary has looked the other way.

Referring to the crackdown and Khan’s imprisonment, Shaheen called for a “proactive judiciary” that intervened when human rights and the law were being violated. In the past the PTI itself invited courts to review the judgment on the no-confidence vote, proceed on corruption charges against rival politicians, challenge the electoral commission, facilitate new elections, investigate Khan’s allegations of a foreign conspiracy to oust him, and ensure Khan’s paty could hold protests and sit-ins in the capital city unencumbered.

“The wrongful imprisonment of Imran Khan underscores concerns about compromised judges and discriminatory decisions, affecting the overall fairness of the judiciary,” the PTI spokesperson added.




Former Pakistani Prime Minister Imran Khan pauses as he speaks with Reuters during an interview, in Lahore, Pakistan on March 17, 2023. (REUTERS/File)

Even the PTI’s main rival party, the PMLN, admitted to the judiciary’s “politically motivated” verdicts.

“At times, the judiciary has rewritten the constitution through its decisions, a power reserved for parliament,” Mohsin Shahnawaz Ranjha, a member of the PML-N legal team, told Arab News.

“[Nawaz] Sharif’s -2017] disqualification [from office], conviction in politically motivated cases without following legally admissible evidence showed the judiciary was not acting as per law,” Ranjha added.

The judiciary’s role in the run up of the 2018 elections was also “questionable,” legal expert Khawar said.

“There were widespread allegations of the judiciary’s partisanship and witch-hunting of one political party [PML-N] before and after the 2018 election,” Khawar told Arab News, saying Sharif, a thrice-elected premier, was ousted on “flimsy charges” while an implementation bench of the apex court was formed to ensure he was convicted.

“Now in 2024, the PTI and Khan are also leveling serious allegations against the [military] establishment and accusing the judiciary of facilitating the PTI’s persecution,” Khawar added.




Pakistan's former Prime Minister Nawaz Sharif (R) stands beside his daughter Maryam Nawaz (L) as he waves to their supporters along with his brother and former Prime Minister Shehbaz Sharif (back) gathered at a park during an event held to welcome him in Lahore on October 21, 2023. (AFP/File)

“PRIMARY HOPE”

But there are many who commend the senior judiciary for its role in ensuring the latest general election, delayed since November, would be held in February.

After months of uncertainty over the election date, the Election Commission said in November it would hold general polls on Feb. 8 after a consultation with President Arif Alvi that was ordered by the Supreme Court in fulfillment of a constitutional requirement. On Dec. 15, the ECP issued the full schedule for general elections, again after the top court ordered the regulator to issue the plan the same day.

“Recently, the Supreme Court has taken proactive steps by ordering timely elections, ensuring adherence to constitutional timelines,” legal expert Barrister Shabbir Shah, who is affiliated with the Pakistan Peoples Party (PPP), one of the country’s main political parties, told Arab News.

“Currently, our judiciary remains the primary hope for ensuring elections take place.”

But legal experts like Khawar warn that the top court’s interference in political matters threatens the credibility of the higher judiciary and leads to in-fighting.

“Political disputes are routinely brought to courts, either proactively by superior courts or compelled by competing political parties and this heightened involvement has led to the polarization of the judiciary, as political disputes inherently foster division,” he said. “In the long run, this jeopardizes the judiciary’s credibility and erodes public confidence in it as a neutral and impartial institution.”

The effectiveness of the judiciary’s decisions hinged on its credibility and moral authority while accusations of collaboration between senior judges and non-elected power entities ultimately undermined the judiciary’s credibility and independence, Khawar added:

“A widespread perception among the people that the judiciary is partisan harms its credibility, independence, and public trust in the system. Therefore, the judiciary should strive to act impartially, avoiding the appearance of supporting one party over another, especially in political disputes.”


Pakistan says 14 militants killed in northwest as PM Sharif vows to root out extremist violence

Updated 14 sec ago
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Pakistan says 14 militants killed in northwest as PM Sharif vows to root out extremist violence

  • Security forces killed the militants in an intelligence-based operation in North Waziristan district
  • The prime minister applauds the security forces for their ‘professional excellence’ after the operation

ISLAMABAD: Pakistan’s security forces killed 14 militants this week in the country’s volatile northwestern Khyber Pakhtunkhwa province, the military’s media wing said on Wednesday, as Prime Minister Shehbaz Sharif pledged to completely eradicate militancy from the country.

The operation comes amid a noticeable uptick in militant attacks in Pakistan, particularly in the border regions near Afghanistan.

In recent weeks, Pakistani officials have increasingly blamed India for backing the Tehreek-e-Taliban Pakistan (TTP), an outlawed umbrella group of militant factions responsible for a majority of attacks in Khyber Pakhtunkhwa.

Islamabad refers to the TTP as Fitna Al-Khawarij, a term rooted in Islamic history that denotes an extremist sect that rebelled against legitimate authority and declared other Muslims as apostates. It also describes the group as an Indian proxy.

“On 2-3 June 2025, an intelligence-based operation was conducted by the security forces in general area Datta Khel, North Waziristan District, on reported presence of Khawarij belonging to Indian proxy, Fitna Al-Khawarij,” the Inter-Services Public Relations (ISPR) said in a statement.

“During the conduct of operation, own troops effectively engaged the Indian-sponsored Khawarij location, and after an intense exchange of fire, fourteen Indian-sponsored Khawarij were sent to hell,” it added.

The ISPR said “sanitization operations” were ongoing to clear the area of any remaining militants, reaffirming the military’s commitment to “wipe out the menace of Indian-sponsored terrorism from the country.”

Prime Minister Sharif also praised the security forces for their “professional excellence” in the North Waziristan operation, saying such efforts were critical to eliminating the threat posed by what he called enemies of humanity.

“We will crush the nefarious designs of these terrorists,” Sharif said in a statement issued by his office. “With the professional capability of our security forces, we will uproot the monster of terrorism once and for all.”

He said the government and the armed forces were fully committed to ensuring the complete elimination of militant violence from Pakistan.
 


Soaring prices put damper on Eid Al-Adha sales at Asia’s largest cattle market in Karachi

Updated 04 June 2025
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Soaring prices put damper on Eid Al-Adha sales at Asia’s largest cattle market in Karachi

  • Prices of small animals have risen by $72, big animals by as much as $251.80, market spokesman says
  • Analysts say Pakistan’s increasing meat exports have constrained supply, driven cattle prices up this year

KARACHI: The Eid Al-Adha festival should be the busiest time of the year at Asia’s largest cattle market in Karachi’s Sohrab Goth area. But soaring prices have driven away many of the people who would usually buy cows and goats to sacrifice on the Muslim holiday.

One of Islam’s two main festivals, Eid Al-Adha marks the climax of the annual Hajj pilgrimage, when Muslims slaughter animals to commemorate the willingness of Prophet Ibrahim, or Abraham, to sacrifice his son on God’s command, often distributing meat to the poor.

But this year, people like Nasir Khan, 25, say higher prices mean they cannot afford to carry out the important ritual.

“I can’t afford it this time,” Khan told Arab News, saying he had opted out of a seven-member group he had been a part of for years, which pooled money to buy sacrificial animals as a collective activity. 

This year, the price of an average-sized cow or bull at the Sohrab Goth market had risen by around 94 percent to Rs330,000 [$1,201], said Abdul Jabbar, another buyer who did not disclose his age or profession and had decided against buying once he discovered the steep prices. 

On a hot afternoon earlier this month, Jabbar strolled through the Karachi market as hundreds of cattle sat idle under makeshift tents. 

“The price trend is very high, almost double from last year,” he said.

“The animal we had bought at Rs 170,000 ($611.51) last year is now up for sale at as much as Rs330,000 ($1,187.05).”

“MEAT EXPORTS”

Inflation in Pakistan peaked as high as 38 percent in May 2023. In May 2025, it rose to 3.5 percent, following a significant drop to 0.3 percent in April. But while food and fuel prices have somewhat decreased, financial experts say the prices of sacrificial animals have gone up, mainly due to increasing meat exports. 

In the fiscal year 2023-24, Pakistan’s meat exports reached a record $512 million, a 20 percent increase from the previous year. This growth was driven by a 24 percent increase in export volume, reaching 123,515 tones. 

While the majority of Pakistan’s meat production is consumed domestically, the country has seen significant growth in exports, particularly to Gulf Cooperation Council countries, Vietnam, Afghanistan, Indonesia, and China.

Increasing meat exports reduces the number of cattle available domestically and during Eid Al-Adha season, when demand is seasonal and peaks sharply, supply becomes constrained. 

“Price hike is due to meat exports and inflation in previous years,” Ahsan Mehanti, chief executive officer at Arif Habib Commodities Limited, explained. 

“We have seen that there is a major increase in the export of livestock in the past three years, around more than 50 percent.”

Zaki Abro, a spokesperson for the Sohrab Goth cattle market, attributed the surge in prices to the availability of fewer animals due to thousands being killed in recent floods.

In 2022, Pakistan experienced devastating floods that resulted in the loss of over 1.1 million livestock. This figure includes approximately 500,000 livestock in Balochistan, over 428,000 in Sindh, and over 205,100 in Punjab provinces. 

“On average the prices of small animals have risen by as much as Rs20,000 [$71.94] while the big animals have gone pricier by Rs 70,000 [$251.80],” Abro said. 

“MARKET IS DULL”

The effects of high prices were visible at the Karachi cattle market last week, with few buyers present despite it being spread over an area of around 1,200 acres and 175,000 cattle up for sale. 

Livestock merchants Muhammad Ismail and Obaidullah confirmed a drop in the number of buyers.

“We have a lot of animals still unsold,” Ismail, 26, said. “This could be maybe because of inflation.”

The traders blamed the high rates they were charging on the higher rates they had to pay wholesalers and the cattle market’s administration. The cost of animal feed had also sky-rocketed, they said. Global supply chain disruptions, local market volatility, inflation, and currency devaluation have all contributed to this rise. 

The cost of fodder had surged by nearly 50 percent, impacting cattle farming, merchants said. 

“Our eight to nine months farming cost for each of these animals this year increased to Rs250,000 [$899.28] from Rs150,000 [$539.57] a year ago,” Ismail explained. 

Trader Obaidullah said sellers also had to pay a fee of Rs30,000 [$107.91] per animal to the cattle market authorities. 

“Last year the market performed well,” Ismail added. 

“All of our animals had sold out. More than half of the market had emptied by this time last year. This year the market is dull.”


PM Sharif pledges to preserve peace in Pakistan’s restive northwestern province ‘at all costs’

Updated 04 June 2025
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PM Sharif pledges to preserve peace in Pakistan’s restive northwestern province ‘at all costs’

  • The prime minister addresses a jirga in Peshawar, praising the sacrifices of Khyber Pakhtunkhwa’s people in the fight against militancy
  • He says a committee has been formed to address the province’s financial concerns, with its first meeting scheduled for August

ISLAMABAD: Prime Minister Shehbaz Sharif on Tuesday vowed to preserve peace in Pakistan’s northwestern Khyber Pakhtunkhwa province “at all costs,” praising the sacrifices of its people and calling for unity against what he described as Indian-backed militant threats.

Sharif made the remarks during a visit to Peshawar, where he addressed a Grand Jirga of tribal elders alongside the country’s army chief and top federal ministers. The visit took place amid a resurgence in militant attacks in the region bordering Afghanistan and growing concern over cross-border threats.

“The sacrifices rendered by the people of Khyber Pakhtunkhwa are indelibly inscribed in the annals of our national history,” the prime minister said during his address. “The entire nation salutes your courage, resolve and unwavering commitment.”

He urged tribal elders to stand firm against what he called the “Indian-sponsored Fitna-ul-Khawarij,” a term used by Pakistani authorities for Tehreek-e-Taliban Pakistan (TTP) militants who they believe are ideologically extremist and backed by foreign actors.

“Peace in Khyber Pakhtunkhwa shall be preserved at all costs,” he said. “The Pakistan Army, in unison with all security institutions and the valiant people of the province, stands firmly united against the Fitna-ul-Khawarij and its foreign abettors.”

Sharif also called for improved bilateral cooperation with Afghanistan and said Afghan soil must not be used by Indian proxies to carry out terrorist activities in Pakistan.

During the jirga, Sharif also addressed financial concerns raised by provincial authorities regarding development funding. He confirmed that a committee had already been formed to review the National Finance Commission (NFC) Award, a constitutional mechanism for the distribution of financial resources between the federal government and provinces.

“The chief minister of Khyber Pakhtunkhwa had raised the matter of revisiting the NFC around six weeks ago in Islamabad,” Sharif said. “We immediately formed a committee and provincial nominees have been finalized. The first meeting will be held in August.”

Sharif also praised the youth of the province, calling them a vital national asset and encouraging them to contribute to peace and national cohesion.


Pakistan says India mimicking Israeli aggression, urges Modi to avoid ‘worst examples’

Updated 04 June 2025
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Pakistan says India mimicking Israeli aggression, urges Modi to avoid ‘worst examples’

  • Bhutto-Zardari calls Modi a ‘poor copy’ of Netanyahu who thinks he can justify attacks on Muslim states by invoking ‘terrorism’
  • He says India, Pakistan are heirs to the Indus Valley Civilization, which was not known for weapons but for urban advancement

ISLAMABAD: The head of Pakistan’s parliamentary delegation constituted to visit key world capitals and present Islamabad’s stance on last month’s military standoff with India said on Tuesday New Delhi was emulating Israel’s belligerence in the region, urging Prime Minister Narendra Modi not to be guided by “the worst examples possible.”

The remarks were made by former Pakistani foreign minister Bilawal Bhutto-Zardari during a media interaction at the United Nations Correspondents Association.

The Pakistani delegation arrived in New York on Monday as part of Islamabad’s diplomatic outreach amid heightened tensions with India, despite a recent ceasefire. It has held a series of meetings with top international diplomats, urging the global community to help the two nuclear-armed South Asian neighbors enter a comprehensive dialogue to peacefully resolve their differences.

Responding to a question during the news conference, Bhutto-Zardari drew parallels between the Israeli settler program in the West Bank and India’s post-2019 demographic changes in Kashmir, describing Modi as a “poor copy” of Israeli Prime Minister Benjamin Netanyahu.

“As far as India being inspired by the Israeli government, unfortunately, it’s being inspired in all the wrong ways,” he said. “Its conduct outside of international law, its violation of international governance, the United Nations Charter, the arrogance with which it thought it could get away with this — that you can just scream terrorism and it justifies that you can attack any Muslim country at whim.”

“In short, it’s based on this building of precedents that we’ve seen over time — be it in the context of the Iraq War, and obviously the actions within Gaza recently have inspired some of the actions by the Indian government,” he added. “But Mr. Modi is sort of the Temu version of Netanyahu — sort of a poor copy — and we call upon the Indian government to not be inspired by the worst examples possible.”

Bhutto-Zardari, who chairs the Pakistan Peoples Party, called on both India and Pakistan to reclaim their shared heritage as heirs of the ancient Indus Valley Civilization and reflect that in their conduct.

“One of the most incredible things about the Indus Valley Civilization is that with all the archaeology that’s gone on, we’ve not found a single weapon at all,” he said. “They had great advancements — urban planning, agriculture, water distribution, even sewage systems — but not a single weapon.”

“How far we’ve come from our roots,” he continued. “That grand Indus Valley Civilization, which didn’t have a single weapon, is now armed to the teeth.”

The former Pakistani foreign minister said Modi could either pursue peace and become a true heir of the Indus Valley Civilization or continue down a path of conflict.

“Mr. Modi started off as being perceived as the Butcher of Gujarat,” he said, referring to the 2002 anti-Muslim riots in the Indian state where Modi was chief minister. “He went on to become the Butcher of Kashmir, and he aspires to be the Butcher of the Indus Valley Civilization with his assault on the Indus Waters Treaty.”

The Pakistani delegation also met with United Nations Secretary-General António Guterres at UN Headquarters on Tuesday.

Bhutto-Zardari delivered a letter from Pakistan’s prime minister and briefed the UN chief on Islamabad’s position in the aftermath of the April 22 Pahalgam attack in Indian-administered Kashmir on tourists, which New Delhi had blamed on Pakistan.

He rejected India’s allegations against Islamabad as “baseless and premature,” and criticized its unilateral military actions, civilian casualties and the suspension of the Indus Water Treaty — calling these actions a dangerous escalation with potentially destabilizing consequences for the region.

Bhutto-Zardari said Pakistan remained committed to international law and the principles of the UN Charter, while warning against what he called India’s attempt to establish a “dangerous new normal” marked by unilateralism and the use of force in a nuclear environment.

According to an official readout, Secretary-General Guterres assured the delegation the UN would fully engage in promoting peace and stability in South Asia and continue to support all efforts to reduce tensions and resolve disputes.
 


Pilgrims arrive at Mina as annual Hajj rituals begin

Updated 04 June 2025
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Pilgrims arrive at Mina as annual Hajj rituals begin

  • The devotees will remain at Mina until Fajr prayers on Thursday, 9th of Dhul Hijjah
  • The Pakistan Hajj Mission urges pilgrims to follow their scheduled departure time

ISLAMABAD: Hundreds of thousands of pilgrims, including Pakistanis, have started arriving at Mina, marking the beginning of annual Hajj rituals in the Saudi holy city of Makkah.

Nearly 89,000 Pakistanis have traveled to Saudi Arabia under the government’s Hajj scheme and over 23,620 Pakistanis are performing Hajj through private tour operators.

Pakistan’s Hajj Mission has completed all arrangements for the transportation of pilgrims to the world’s largest tent valley at Mina, the state-run Radio Pakistan broadcaster reported.

“Over 88,000 pilgrims under government Hajj scheme will reach Mina via 932 buses before Zuhr prayer tomorrow,” the broadcaster said on Tuesday.

“Pilgrims will remain at Mina until Fajr next morning (Thursday), the 9th Dhul Hijjah. Then, the Hujjaj will proceed to the valley of Arafat to perform ‘Waqoof-e-Arafa,’ the main ritual of Hajj and offer Zuhr and Asr prayers there.”

The Pakistan Hajj Mission has urged the pilgrims to follow their scheduled departure time to avoid the risk of overcrowding amid hot weather conditions, according to the report.

The mission earlier advised Pakistani pilgrims to follow the directives issued by Saudi Arabia concerning the stoning of the devil or “Rami Al-Jamarat’ and animal sacrifice rituals during the annual Islamic pilgrimage.

Each ‘Maktab’ will have designated timings for the act of stoning the devil on the 10th of Dhul Hijjah, Radio Pakistan reported.

“Every ‘Nazim’ [administrator] is bound to ensure that the intending pilgrims perform this ritual as per their allocated time slot,” it said, citing the Pakistani Hajj Mission.

“Therefore, all pilgrims are advised to proceed in groups under the supervision of their ‘Nazim’ as per schedule.”

The state broadcaster also reported that the Saudi authorities have set the time for sacrificing animals for Pakistani pilgrims on the night between the 10th and 11th of Dhul Hijjah at 12:30am.

“Hence, all pilgrims are urged to complete the ‘Rami’ of the first day before midnight,” the Pakistani mission said.

The annual pilgrimage will conclude on Monday, June 9.